The Judicial and Bar Council (JBC; fil, Sangguniang Panghukuman at Pang-abogasya) of the
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
is a
constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, other lower courts, and the
Legal Education Board, and in the offices of the
Ombudsman, Deputy Ombudsman and the Special Prosecutor.
History
The Supreme Court and other lower courts in the Philippines were established upon the basis of Act No .136 of 1901 of the
Philippine Commission
The Philippine Commission was the name of two bodies, both appointed by the president of the United States, to assist with governing the Philippines.
The first Philippine Commission, also known as the Schurman Commission, was appointed by Preside ...
. This succeeded the
Real Audiencas and lower courts during the Spanish era. At this time, the Supreme Court was appointed by the Philippine Commission. With the approval of the
Jones Law in 1916, the justices of the Supreme Court were appointed by the
President of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
, with
advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previo ...
of the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
. Judges of lower courts were then appointed by the
Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
.
Upon the ratification of the 1935 constitution, all justices and judges are appointed by the
President of the Philippines
The president of the Philippines ( fil, Pangulo ng Pilipinas, sometimes referred to as ''Presidente ng Pilipinas'') is the head of state, head of government and chief executive of the Philippines. The president leads the executive branch of t ...
with consent of the 21-member
Commission on Appointments
The Commission on Appointments ( fil, Komisyon sa Paghirang, abbreviated as CA) is a constitutional body which confirms or rejects certain political appointments made by the President of the Philippines. The current commission was created by th ...
of the
National Assembly of the Philippines
The National Assembly of the Philippines ( tl, Kapulungáng Pambansâ ng Pilipinas, es, Asamblea Nacional de Filipinas) refers to the legislature of the Commonwealth of the Philippines from 1935 to 1941, and of the Second Philippine Republic ...
. Upon the reestablishment of
bicameralism
Bicameralism is a type of legislature, one divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and ...
, the Commission on Appointments then had equal number of members (12) from the House of Representatives and Senate. This became the setup until the approval of the 1973 constitution, where the president had the sole power of appointment, with no check and balance from the
Batasang Pambansa
The Batasang Pambansa Complex, or simply the Batasan (), is the seat of the House of Representatives of the Philippines. It is located along the Batasan Road in Batasan Hills, Quezon City.
The complex was initially the home of the Batasang Pa ...
. With the approval of the 1987 constitution, the Judicial and Bar Council was created to provide a shortlist of nominees on which the president can appoint from.
Composition
The Council is composed of a representative of the
Integrated Bar, a
professor
Professor (commonly abbreviated as Prof.) is an Academy, academic rank at university, universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a "person who pr ...
of
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, a retired member of the Supreme Court, and a representative of the
private sector
The private sector is the part of the economy, sometimes referred to as the citizen sector, which is owned by private groups, usually as a means of establishment for profit or non profit, rather than being owned by the government.
Employment
The ...
. They are the "regular" members, as opposed to the
Secretary of Justice and a representative of
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
who are the ''
ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
'' members. The Chief Justice of the Supreme Court is the ''ex officio'' chairman, while the Clerk of the Supreme Court shall serve as the ''ex officio'' secretary.
The regular members would be nominated by the President with the consent of the
Commission on Appointments
The Commission on Appointments ( fil, Komisyon sa Paghirang, abbreviated as CA) is a constitutional body which confirms or rejects certain political appointments made by the President of the Philippines. The current commission was created by th ...
for a term of four years. However, since the terms will be staggered, the first set of members would a different lengths of service: the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year. The succeeding members shall then be given the full four-year term.
The Chief Justice is appointed by the president from the shortlist submitted by the JBC. The Secretary of Justice, as a member of the Cabinet, is appointed by the president with advice and consent of the Commission on Appointments. The member of Congress is elected by the chamber where the member came from.
The regular members were allowed to be reappointed without limit. The Secretary of Justice serves at the pleasure of the president, while the representative of Congress serves until they are recalled by their chamber, or until the term of Congress that named them expires. Finally, the Chief Justice serves until mandatory retirement at the age of 70. The regular members' terms start at July 9.
In 2012, a petition at the Supreme Court questioned on who should occupy the seat allocated for Congress. By then, there are two members of Congress in the council, with both having voting rights: the chairman of the
House of Representatives Committee on Justice and the Chairman of the
Senate Committee on Justice and Human Rights. The Supreme Court ruled in 2013 that there should only be one member of the JBC from Congress; the court left to Congress whom among the two would be its representative to the JBC.
The council is the only government body that has members from all three branches of the government, excluding ad hoc and advisory bodies.
Current membership
The members of the Judicial and Bar Council are:
* ''Ex officio'' secretary: Atty. Marife M. Lomibao- Cuevas, as Clerk of the Supreme Court ''en banc'', since March 26, 2021
*Under the current arrangement, the congressman sits from January to June, while the senator sits from July to December. Only one representative is to sit at any time.
As a matter of tradition, the two most senior associate justices of the Supreme Court also take part in the JBC deliberations:
*
Marvic Leonen
Marvic Mario Victor Famorca Leonen (born December 29, 1962) is the Senior associate justice of the Supreme Court of the Philippines since May 14, 2022 upon the retirement of Senior Associate Justice Estela Perlas-Bernabe. He became an associate ...
(
Senior Associate Justice)
*
Alfredo Benjamin Caguioa
Alfredo Benjamin Sabater Caguioa (born September 30, 1959) is a Filipino lawyer who is an associate justice of the Supreme Court of the Philippines. Prior to his appointment as associate justice, he served as acting secretary of the Departmen ...
(
Associate Justice
Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...
)
Function
![Jbcsc3jf](https://upload.wikimedia.org/wikipedia/commons/b/bb/Jbcsc3jf.JPG)
The function of the Council is to recommend to the representatives of possible appointees to the Judiciary.
The
president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
shall choose from among those nominated, before the president may ask the Council to nominate somebody else and add it to the list, but this is not allowed anymore. In 2009, President Gloria Macapagal Arroyo asked the council to add more nominees on two Supreme Court vacancies. The council rejected the request. Arroyo then appointed someone from the list.
The person then chosen by the president then becomes a member of the Judiciary, and is not anymore reviewed by the
Commission on Appointments
The Commission on Appointments ( fil, Komisyon sa Paghirang, abbreviated as CA) is a constitutional body which confirms or rejects certain political appointments made by the President of the Philippines. The current commission was created by th ...
. This is to prevent politicking and horse-trading among political parties.
Former
Chief Justice Artemio Panganiban
Artemio Villaseñor Panganiban Jr. (born December 7, 1936) is a Filipino jurist. He served as the 21st Supreme Court Chief Justice of the Philippines from 2005 to 2006.
Early life and education
Panganiban was born on December 7, 1936, in Mani ...
said that the Council's principal objective is to attract the best and brightest to the judiciary and to make them remain there.
Offices shortlisted
* Justices of the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
* Justices of the
Court of Appeals
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
* Justices of the
Sandiganbayan
The Sandiganbayan ( en, Support of the Nation) is a special appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public officer ...
* Justices of the
Court of Tax Appeals
The Court of Tax Appeals ( fil, Hukuman ng Apelasyon sa Buwis) is the special court of limited jurisdiction, and has the same level with the Court of Appeals. The court consists of 8 Associate Justices and 1 Presiding Justice. The Court of Tax ...
* Officials in the Office of the
Ombudsman
An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
* Members of the
Legal Education Board
* Judges in the
Regional Trial Courts and all lower courts
Members
![Jbccjpanel](https://upload.wikimedia.org/wikipedia/commons/3/34/Jbccjpanel.JPG)
The members of the JBC were:
Chief Justice
The Chief Justice became a member starting on December 10, 1987.
Secretaries of Justice
The Secretary of Justice became a member starting on December 10, 1987.
Representative from Congress
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
is a bicameral legislature. The representative from Congress is either Chairman of the
Senate Committee on Justice and Human Rights, or the
House Committee on Justice.
One representative
Since the creation of the JBC in 1987 until 1994, the representation for Congress in the body alternated between the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
and the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
.
Two representatives, half a vote each
By 1993, the two representatives from Congress began sitting simultaneously, each having one-half of a vote.
Two representatives, one vote each
On May 30, 2001, the JBC ''En Banc'' decided to grant the representatives from both Houses of Congress one full vote each.
One representative
In 2013, the eight-member composition of the JBC was questioned at the Supreme Court. The Supreme Court restored the composition of the JBC to seven. It was arranged that the representative of the House of Representatives sits from January to June, while the representative of the Senate sits from July to December.
Regular members
Notes
References
See also
*
Judicial nominating commission A judicial nominating commission (also judicial nominating committee, judicial nominating board) in the United States, is a body used by some U.S. states to recommend or select potential justices and judges for appointments by state governments.
J ...
*
Professional Regulation Commission
The Professional Regulation Commission, ( fil, Komisyon sa Regulasyon ng mga Propesyon) otherwise known as the PRC, is a three-man commission attached to Department of Labor and Employment (DOLE). Its mandate is to regulate and supervise the pr ...
References
Chan Robles Virtual Law Library: Article 8*
External links
Official website of the Judicial and Bar CouncilOfficial Gazette of The Philippines JBC Brifer
Judiciary of the Philippines
Congress of the Philippines
Judicial nominations and appointments